Advice and Instructions

Citizenship and residency status requirements concerning persons who may be approved to undertake an apprenticeship or traineeship in NSW

Issued: 8 January 2004

Pursuant to section 4 of the Apprenticeship and Traineeship Act 2001 (the Act), the following guideline is issued in relation to eligibility requirements concerning the citizenship and residency status of persons who may be approved to undertake an apprenticeship or traineeship by either the Commissioner for Vocational Training (or delegated Officer) or the Vocational Training Tribunal, when exercising a function under section 8 of the Act.

From 1 February 2004 a person (the applicant), who applies for approval to establish an apprenticeship or traineeship for a person whom the applicant has employed as an apprentice or trainee, must ensure that the apprentice or trainee meets one of the following citizenship or residency status eligibility requirements.

They must be:

1. an Australian citizen; or
2. a foreign national with permanent residency; or
3. a New Zealand passport holder who has been resident in Australia for at least six months.

Note: A New Zealand passport-holder might have returned to New Zealand for one or more short periods during their six months residence in Australia (e.g. for holidays etc.). These absences from Australia would not necessarily disqualify the person unless they were of such duration and frequency as to raise a reasonable doubt about the person’s intentions to live and work in Australia.

Exemptions to the above citizenship or residency status eligibility requirements approvals criteria will only be considered where a temporary visa holder is exempt from payment of tuition fees in TAFE NSW under the Temporary Visa Holders Policy – TAFE NSW.

The Schedule of Visa Sub-classes included in section 6 of the
Temporary Visa Holders Mandatory Study Conditions – TAFE NSW indicates the temporary visa holder visa sub-classes exempt from payment of tuition fees in TAFE NSW courses.

An application to establish an apprenticeship or traineeship which does not comply with the specified citizenship and residency eligibility requirements or is not granted an exemption should be dismissed by either the Commissioner for Vocational Training (or delegated officer) or the Vocational Training Tribunal, when exercising a function under section 8 of the Act.

(Dr) Alan Laughlin
R/DIRECTOR-GENERAL OF EDUCATION AND TRAINING

January 2004